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MINUTE of LICENSING COMMITTEE
Minute of Meeting held at 10.30am in the Council Chamber, Council Headquarters, Giffnock on 11 January 2006.
Present: Councillor Danny Devlin (Vice Chair) Councillor Iain Drysdale Councillor Ian Hutchison Councillor Allan Steele
Councillor Devlin in the Chair
Attending: Alex Forsyth, Chief Solicitor; and Eamonn Daly, Principal Committee Services Officer.
Also Attending: Inspector Louis McIntyre, Strathclyde Police.
TAXI OPERATORS LICENCES – REINSTATEMENT OF WAITING LIST
1509. Under reference to the Minute of Meeting of 22 September 2005 (Page 2280, Item 1328 refers), there was submitted report by the Director of Central Services, a copy of which had been issued previously to each Member, regarding proposals to reinstate the waiting list previously in place for the allocation of any Taxi Operator’s Licences that were returned to the Council.
Having reminded Members of the background to the decision taken on 22 September 2005 to abolish the waiting list following the allocation of 5 Taxi Operator’s Licences that had become available, and in particular highlighting that this was the first time since licensing had been introduced that licences had been returned to the Council, the report explained that following the decision, a further two Taxi Operator’s Licences had unexpectedly become available. In addition, letters complaining about the Committee’s decision to abolish the list had been received from two of the three remaining people on the list when it had been abolished.
The report explained that the original recommendation to abolish the list had been based on the fact that since it had been such a long time before licences had been returned to the Council it was unlikely that any more would become available in the near future. It was also explained that had it been anticipated that further licences would become available so soon after the first five, then the recommendation to abolish the list would not have been made. In view of this, it was proposed to reinstate the list and to use it to allocate licences until it became exhausted, after which time licences would be allocated by way of public advertisement.
Responding to questions from Members about the possibility of issuing licences to all three individuals on the list, the Principal Committee Services Officer explained that the Council issued 77 Taxi Operator’s Licences at present, and that it had to be satisfied that there was a significant demand in the area that was unmet before issuing additional licences. As there was no evidence to support this, it would be inappropriate to issue three rather than two licences, which would increase the total number of licences available to 78.
Having expressed support for the proposal to use the list until exhausted, Members asked further questions in relation to issues such as the possibility of introducing minimum standards with which individuals must comply to obtain a licence, the advertising of licences in future, and the possibility of offering licences on the open market to the highest bidder. In reply, the Principal Committee Services Officer explained that there were specific grounds for refusal of licence applications set out in the Civic Government (Scotland) Act 1982. He explained the importance of each application being considered on its own merits, and highlighted that it was possible that two applications could be received where the applicants had the same convictions, but that having heard the circumstances relating to each application, one could be granted whilst the other could be refused. Accordingly, he explained that it would be extremely difficult to introduce standards that could be applied universally. Regarding proposals to make licences available in future by way of public advertisement, it was explained that this was considered to be the fairest way of issuing licences as it gave all interested parties an equal chance of success. If more expressions of interest were received than licences available, the decision would be made by drawing lots,
it being highlighted that the persons chosen still had to undergo the normal checks attached to any licence application. Finally, it was explained that in October 2005 the Council had agreed the level of fees and charges for Council services. Licence fees had been set at that time and therefore it was inappropriate to auction licences.
The Committee agreed:-
(a) to reinstate the waiting list for Taxi Operator’s Licences;
(b) that invitations to apply for a licence be extended to the first two persons on the list;
(c) that the next licence that becomes available be offered to the remaining person on the waiting list; and
(d) that any subsequent licences that are returned be made available by public advertisement.
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